A federal lawsuit against the anti-gay pastor Scott Lively, charging him with 'crimes against humanity' for his actions in Uganda in support of a controversial law criminalising homosexuality there, has been dismissed despite heavy criticism of Lively from the judge.
US District Court of Massachusetts Judge Michael Ponsor on Monday issued an order dismissing the case against Lively, ruling that the suit lacked the jurisdiction for it to proceed.
Lively, who is the president of the Abiding Truth Ministries and a one-time candidate for Massachusetts governor, was sued in 2012 by the Centre for Constitutional Rights on behalf of a Ugandan LGBT group called Sexual Minorities Uganda (SMUG).
Lively has called for the criminalisation of the 'publicy advocacy of homosexuality' and appeared in a Russian TV documentary entitled Sodom. He is the co-author of The Pink Swastika, which says in its preface that 'homosexuals [are] the true inventors of Nazism and the guiding force behind many Nazi atrocities'.
Judge Michael Ponsor, who previously refused to dismiss the case, made it clear that the ruling this week was down to a matter of jurisdiction, not because the court sided with Lively or his words and deeds.
In his ruling, Ponsor issued a strongly worded denunciation of Lively's 'crackpot bigotry', his conspiracy to persecute LGBT people in Uganda, and the 'terrible harm' he has done. Judge Ponsor added that Lively had also violated international law.
Judge Ponsor ruled: 'Defendant Scott Lively is an American citizen who has aided and abetted a vicious and frightening campaign of repression against LGBTI persons in Uganda...'[Lively's] crackpot bigotry could be brushed aside as pathetic, except for the terrible harm it can cause.
'The record in this case demonstrates that Defendant has worked with elements in Uganda who share some of his views to try to repress freedom of expression by LGBTI people in Uganda, deprive them of the protection of the law, and render their very existence illegal.'
Judge Ponsor said that the evidence 'confirmed the nature of Defendant's, on the one hand, vicious and, on the other hand, ludicrously extreme animus against LGBTI people and his determination to assist in persecuting them wherever they are, including Uganda. The evidence of record demonstrates that Defendant aided and abetted efforts (1) to restrict freedom of expression by members of the LBGTI community in Uganda, (2) to suppress their civil rights, and (3) to make the very existence of LGBTI people in Uganda a crime.'
Lively issued a statement on his website yesterday that praised God and the ruling while issuing side-swipes at Judge Ponsor.
'I thank God for His deliverance from this outrageous and malicious litigation, designed solely to silence my voice for Biblical truth on LGBT issues and to cause me pain and suffering for daring to speak against the "gay" agenda,' he said.
'I thank Judge Michael Ponsor, as well, for overcoming his clear ideological bias enough to acknowledge the legal deficiency of SMUG's case and bring it to a close,' he added.
'The enormity of Judge Ponsor's decision to now grant my Motion for Summary Judgment is reflected in the excessive and inflammatory language he used to condemn my beliefs and writings in his ruling. I forgive him for that, especially since he knows it is merely conclusory rhetoric, without any supporting analysis or binding legal authority.'
